Richmond Rent and Eviction Control Ordinance

The City of Richmond's rental housing protections are governed by the Rent and Eviction Control Ordinance. This comprehensive law includes both Rent Control (limits on rent increases) and Just Cause for Eviction protections.

Who is Covered by the Ordinance?

Richmond's ordinance applies to most residential rental units in the City, but it has important exemptions that affect which protections apply.

1. Fully Covered Units (Rent Control & Just Cause)

  • Applies to: Multi-unit rental properties (two or more units) that have a Certificate of Occupancy issued before September 19, 1995.

  • These properties are subject to the Annual General Adjustment (AGA) rent cap and the Just Cause for Eviction rules.

2. Partially Covered Units (Just Cause Only)

  • Applies to: Single-family homes, condominiums, and units built on or after September 19, 1995.

  • Protection: These units are exempt from rent caps but ARE protected by the Just Cause for Eviction rules.

Key Exemptions (Not Covered by Rent Control OR Just Cause)

  • Housing accommodations rented for 30 days or less (e.g., hotels/motels).

  • Rental units in nonprofit facilities that provide short-term treatment or structured living environments for a limited time.

  • Units where the owner of record occupies the unit as their principal residence and shares either a kitchen or bathroom with the tenant.

  • Units in hospitals, convents, monasteries, extended care facilities, or dormitories.

RENT CONTROL AND ANNUAL GENERAL ADJUSTMENT (AGA)

For Fully Covered Units (multi-unit buildings built before September 19, 1995), annual rent increases are strictly limited by the Annual General Adjustment (AGA):

  • Limit: Rent may only be increased once annually by the amount of the AGA.

  • Rate: The AGA is set by the Rent Board and is equal to 100% of the Consumer Price Index (CPI) for the Bay Area.

  • Notice Requirement: The landlord must provide a 30-day written notice for any rent increase.

Challenging a Rent Increase

A landlord may petition the Rent Board for a rent increase that is above the AGA if they can prove it is necessary for a Fair Net Operating Income (NOI), meaning the current rent doesn't cover their operating expenses and provide a fair return.

Conversely, a tenant may file a petition for a rent decrease if:

  • The rent increase exceeds the allowable AGA.

  • The landlord has decreased housing services (which is considered a rent increase).

  • The landlord has failed to maintain the unit or comply with health and safety codes.

Banking and Additional Increases

  • Banking: Richmond does not permit landlords to "bank" (save) and apply unused AGA increases from previous years.

  • Capital Improvements: A landlord can pass through the cost of capital improvements to the tenant, but this requires prior approval from the Rent Board.

  • Unit Registration: A landlord cannot impose any rent increase if the unit is not properly registered with the Rent Program.

JUST CAUSE EVICTION PROTECTIONS

For all covered units (including single-family homes and newer multi-unit buildings), a landlord must have one of 11 specific legal reasons (Just Causes) to terminate a tenancy.

The 11 Allowable Just Cause Reasons:

  • At-Fault (Tenant Action): Failure to pay rent, breach of a material lease term (after written notice to cure), committing nuisance, illegal use of the unit, refusal to sign a materially similar renewal lease, or denial of the landlord's lawful access.

  • No-Fault (Landlord Intent): Owner Move-In (OMI), Ellis Act Eviction (permanent withdrawal from the rental market), Substantial Rehabilitation, Demolition, or Compliance with a Government Order to vacate.

Requirements for Owner Move-In (OMI) Evictions

  • The landlord or a qualified family member (spouse, registered domestic partner, child, parent, or grandparent) must intend to occupy the unit as their principal residence for at least 36 consecutive months (3 years).

  • Restrictions: An OMI eviction is not allowed if a comparable vacant unit is already available on the property.

Protections for Vulnerable Tenants

  • OMI Protection: A landlord may not evict a tenant for OMI if the tenant has resided in the unit for at least five years and is either 62 years or older, disabled, or terminally ill (unless the qualified relative moving in is also 62+, disabled, or terminally ill).

  • Extended Notice (Ellis Act): For an Ellis Act eviction, tenants who are 62 or older, disabled, or terminally ill are entitled to a one-year notice to vacate (as opposed to the standard 120 days).

Relocation Assistance

Mandatory relocation payments are required when a tenant is displaced through No-Fault evictions.

Permanent Relocation Payments

  • Who is Eligible? Tenants evicted due to Owner Move-In, Ellis Act, Demolition, or Substantial Rehabilitation.

  • Payment Amount: The payment is based on the size of the unit (number of bedrooms) and is adjusted annually by the Rent Board.

  • Enhanced Payment: An additional payment is required for households where a tenant is 62 or older, disabled, or has a child under 18.

  • Payment Schedule: The landlord must pay 50% of the total amount when the notice of eviction is issued, and the remaining 50% when the tenant vacates.

Temporary Relocation Payments

If a tenant is forced to relocate temporarily for repairs or due to a government order, the landlord must pay for the tenant's actual and reasonable moving expenses and temporary housing costs.

Right to Return

If a tenant is temporarily displaced for Substantial Rehabilitation or is evicted through the Ellis Act, they have a right of first refusal to return to the unit once the work is complete or the property is re-rented.

If you believe your landlord has violated the Ordinance, you should immediately contact the Richmond Rent Program or a tenant rights attorney; Peregrine Legal Group, PC can help you, contact us to schedule a consultation.

Richmond Website: https://ci.richmond.ca.us/3376/Rent-Increase

Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.